ATPE's Employment Rights Defense Program
ATPE’s member protection program includes three components: professional liability
insurance*, employment rights defense insurance* and a team of staff attorneys available to
answer questions and assist eligible
members with employment-related concerns**.
What is professional liability insurance?*
Professional liability insurance* protects an educator’s personal assets in the event of a
lawsuit.
- An eligible member’s insured benefit will pay damages assessed against him by a court of law
for covered claims that arise out of his activities in his professional capacity.
- In addition to defense costs, eligible members are covered with $8 million in professional
liability insurance per member per occurrence for claims subject to $2 million per member per
occurrence for violations of students’ civil rights.
- The aggregate per insured member is $8 million.
What is employment rights defense insurance?*
Employment rights defense insurance* gives eligible members the means to defend themselves against certain
employment actions.
This insured benefit pays up to $10,000 per claim in legal costs, win or lose.
Examples of covered claims are dismissal, salary disputes, certification, etc. Members must call
ATPE for assistance.In addition to the insured benefit, ATPE’s staff attorneys** may discuss options for employment-related legal concerns and assist
eligible members as appropriate. Eligible members need only
call (800) 777-ATPE (2873) and ask to speak to the ATPE Member
Legal Services Department. The calls are confidential and at no additional cost.
Alternately, eligible members may contact the ATPE
Member Legal Services Department using
MLSIS.
What is the difference between ATPE’s insurance
policy and other organizations’ defense funds?*
ATPE’s protection program includes an insurance policy,
which is a legally enforceable contract. In exchange for a
premium, the insurer will pay legal costs in defense of causes
specified in the contract. The insured knows in
advance what he can expect from the policy. An insurance
contract is underwritten by an insurance company that
assumes the responsibility to pay claims; that insurance
company’s activities are state-regulated. Every insured
may request a description of his insurance coverage.
Other organizations may offer defense funds. Usually, a member must apply for assistance and
await a decision on how much assistance he will be granted. This means
that a member’s access to defense funds may not be
guaranteed win or lose. Defense fund applicants do not
know upfront the criteria for eligibility. Also, the funds
could be exhausted, leaving applicants stranded.
Information for members regarding ATPE’s
protection
What should I do if I am sued?*
You must call (800) 777-ATPE (2873) immediately and forward
copies of all documents you have received to the ATPE Member
Legal Services Department. Written notice of an occurrence
must be made to the insurance company as soon as possible
by forwarding copies of every demand, notice, summons or
other process received by the member or his
representative. (Also see If you are sued.)
How do I get
help if I am arrested?*
You may call any criminal defense attorney for assistance.
The insured benefit pays up to $10,000 per covered claim and
aggregate—win or lose—in attorney fees for the defense of
criminal actions brought against you that arise out of
activities in your professional capacity. You must be an eligible member at the time of the activity that
led to the action against you. Up to $5,000 per
bail bond is also available. Call ATPE at (800) 777-ATPE (2873)
for claim information as soon as possible.
What if I
cannot talk to an attorney while I am at school?
Simply get a message to the ATPE Member Legal Services
Department during office hours (8 a.m.–5 p.m.,
Monday–Friday), and an attorney will call you back. Attorneys return calls daily after office hours.
Do
I need to find a lawyer?*
Except in criminal defense cases, you can simply call the
ATPE Member Legal Services Department at (800) 777-ATPE (2873),
and staff members will arrange for you to speak to an
attorney as soon as possible. In criminal defense cases you may hire
the attorney of your choice and simply call the ATPE
Member Legal Services Department for claim instructions as
soon as possible.
What
if I need a Spanish-speaking attorney?*
ATPE can arrange for Spanish-speaking attorneys whenever
needed. Just call the ATPE Member Legal Services
Department at (800) 777-ATPE (2873).
What if I have a problem with another
teacher or a supervisor who is also a member of ATPE?
Will ATPE only
help one of us?*
Professional, associate and teacher-trainee members' legal costs are paid through the insurance
policy for covered claims. If a member’s legal problem involves another ATPE member and attorneys
are needed, each member may hire a separate attorney from
a panel approved by the insurance
company subject to eligibility under the insurance policy.
What if my problem began before I
became an ATPE member?
Will
I be entitled to the insured benefits?*
No.
The insurance policy applies to occurrences during the policy period
and activities of an insured that begin during the coverage
period. The effective date of insurance begins on the
member’s date of membership or after a 30-day waiting
period for those members who join after Nov. 30 and were eligible to join from August through November. In
no event is coverage provided for acts prior to
membership.
What if
I cannot reach the state office until the next day?
If you are being pressed by the district to take action, particularly to submit a resignation of
your employment,
you can simply say you cannot answer until speaking with
an ATPE attorney**.
*THE EDUCATORS PROFESSIONAL LIABILITY INSURANCE
POLICY IS UNDERWRITTEN BY NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA. ALL COVERAGE IS SUBJECT TO THE EXPRESS
TERMS OF THE MASTER INSURANCE POLICY ISSUED TO ATPE AND KEPT ON FILE AT THE ATPE STATE
OFFICE. Coverage applies to an insured’s activities within his/her professional capacity and does not apply to activities that predate the coverage period. Download a summary in PDF format. Eligibility for ATPE
membership benefits is contingent upon ATPE’s receipt of the entire annual membership dues amount for your appropriate membership
category. A disruption in payments to an authorized payment plan may result in discontinuation of such benefits, including
cancellation of insurance coverage for the entire membership year retroactive to Aug. 1 or your membership date. ATPE reserves the right to determine the appropriate membership category. The ATPE membership year is from Aug. 1 to July 31.
**The insured member services and staff
attorneys’ assistance are offered through separate programs.
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